Distraction is a leading cause of Ohio car accidents. Texting while driving is particularly hazardous because the driver’s mental focus is on reading and sending texts. The person may see through their peripheral vision what’s going on, but their brain can’t process it. If a driver texts, that lack of attention can easily cause an accident.
According to the Ohio State Highway Patrol, there were 75,411 vehicle crashes in Ohio and 248 deaths involving distracted drivers from 2015 to the end of August 2020, according to the Ohio State Highway Patrol. These accidents and fatalities are the primary reason Ohio law bans using any “electronic wireless communication device” for drivers younger than 18, and texting while driving is illegal for all drivers.
How Texting and Driving Can Be Proven
If you are involved in a car accident and believe the other driver caused it by texting and driving, several ways might prove it:
- Admission: The driver may have admitted to you or a police officer that they were texting at the time of the accident. If the driver later denies that, you and the officer could testify about what was previously said.
- Witness testimony: A passenger may have told the police or you that the driver was texting when the accident happened. Other drivers or pedestrians may have also witnessed it.
- Security cameras: Security cameras increasingly surround us. Often people texting and driving get into accidents at intersections, where a security camera may be located. Video of the moments before the crash may show the driver focusing on their phone, not driving.
- Law enforcement: The driver may have been ticketed for texting while driving. They may have admitted the charge by paying it. If the driver challenges it but loses, that can be used as evidence in a civil lawsuit about the accident.
- Accident reconstruction: We hire experts in accident reconstruction for many of our cases. These engineers will gather facts about how and where the vehicles traveled before the collision. They reconstruct the accident to come up with why it happened and who is to blame. Given the accident’s circumstances, the expert may conclude the driver was distracted before the impact. Other evidence may show the distraction was caused by texting.
- Cell phone records: An attorney could ask the driver’s company cell phone service for records concerning texts at and before the time of the crash. If there is evidence that texts were going back and forth while the person was driving, especially if one is cut short when the accident happened, it would be solid evidence supporting your case.
Why You Need an Ohio Car Accident Attorney
A driver distracted by texting is hazardous. Since they don’t realize what’s happening in front of their vehicle, they might not try to stop or steer away from you. At full speed, that other vehicle may plow directly into you, causing severe injuries to you and your passengers.
If this happened to you or a loved one, you’re under a lot of stress and may wonder what to do next. Call a vehicle accident attorney at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. We can discuss what happened, explain Ohio law, and talk about the compensation you may receive. We will explain the insurance claim and legal process and aggressively advocate so you recover fair compensation.
Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA has the resources and experience necessary to build the best possible case. Put our experience to work for you so that you can put the accident behind you and move forward with your life. Call us today at (419) 625-7770 for a free consultation.